Part 10Special rules about charitable trusts etc
Claims
538Requirement to make claim
1
The exemptions under this Part require a claim.
2
Subsection (1) does not apply to an exemption under—
a
section 534 (exemption for transactions in deposits), or
b
section 535 (exemption for offshore income gains).
F23
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F34
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538AF4Claims in relation to gift aid relief F5etc
F6A1
This section applies to claims for—
a
repayment of income tax treated as having been paid by virtue of section 520(4) (gift aid relief: income tax treated as paid by trustees of charitable trust), or
b
repayment of income tax deducted at source from income to which any of the following applies—
i
section 532 (exemption for savings and investment income),
ii
section 533 (exemption for public revenue dividends),
iii
section 536 (exemption for certain miscellaneous income), or
iv
section 537 (exemption for income from estates in administration).
1
a
section 521(4) (gifts entitling donor to gift aid relief: charitable trusts), or
b
any of the provisions mentioned in subsection (A1)(b).
2
A claim to which this section applies may be made—
a
to an officer of Revenue and Customs, or
b
by being included in a return under section 8A of TMA 1970 (trustee's self-assessment return).
3
In this section—
“free-standing claim” means a claim made as mentioned in subsection (2)(a), and
“tax return claim” means a claim made as mentioned in subsection (2)(b).
4
The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision—
a
limiting the number of free-standing claims that may be made by a person in a tax year, or
b
requiring a claim for an amount below an amount specified in the regulations to be made as a tax return claim.
5
The regulations may make different provision for different cases or purposes.